EPA-FORMER WASTE DISPOSAL SITE

104th Regular Session Introduced by Mary Edly-Allen

Prohibits any use of former waste disposal sites that would compromise closure, including disturbing final covers, interfering with monitoring, or causing erosion, to safeguard hea

Referred to Assignments

Summary of SB 3446 (104th General Assembly, Illinois)

Purpose and intent

Introduces a new provision to the Environmental Protection Act to safeguard sites that previously operated as waste disposal facilities.

The core goal is to ensure that former waste disposal sites are not used in ways that conflict with how the site was closed, protecting public health, safety, and the environment.

Key provisions

Adds new Section 22.50b to the Environmental Protection Act (415 ILCS 5/22.50b).

Prohibits any person from using, or allowing use of, a site that previously operated a waste disposal operation in a manner inconsistent with its closure.

Enumerates prohibited uses, including but not limited to:

Disturbing or compromising the integrity of the final cover, liner, or any component of the waste containment system.
Impairing or interfering with the function of any monitoring system (e.g., groundwater or gas monitoring).
Causing or contributing to erosion of, or surface water impoundment over, the final cover.

The provision is framed as a generic prohibition, with explicit examples showing the types of activities that would be forbidden to ensure the closure remains effective.

Who would be affected

Property owners, operators, developers, or any entity or individual who seeks to use land previously used for waste disposal operations.

Parties responsible for or involved in land development, redevelopment, construction, or site maintenance on former waste disposal sites.

Regulatory compliance parties responsible for ensuring ongoing closure conditions and monitoring systems remain functional.

Procedural and timing aspects

The bill is introduced for the 2025-2026 session (introduced February 4, 2026).

It creates a new statutory requirement within the Illinois Environmental Protection Act, but no specific enforcement timeline or effective date is provided in the text excerpt. Typically, once enacted, the provision would take effect as of the specified effective date in the act (if one is provided in the final version) or upon signing/implementation guidance by the Department of Environment.

As a new provision, it would be implemented through existing state environmental oversight and enforcement mechanisms, including site inspections and monitoring requirements.

Additional notes

Co-sponsored by Sen. Mary Edly-Allen.

Emphasizes site integrity, monitoring, and closure compliance to prevent conditions that could threaten environmental safety.

No specific monetary penalties or fines are stated in the introduced text, but violations would likely be subject to standard enforcement provisions under the Environmental Protection Act.

If you’d like, I can tailor this into a one-page briefing with a section-by-section paraphrase and potential regulatory implications for local governments, developers, and environmental agencies.